PARADIP PORT TRUST PARADIP MANAGEMENT OF KEONJHAR CENTRAL CO OPERATIVE BANK LIMITED Vs. THEIR WORKMEN:THEIR WORKMEN

JUDGEMENT

(1.) The appellant, the Paradip Port Trust, is a major port governed by the provisions of the Major Port Trusts Act, 1963 and is managed by a Board of Trustees constituted under the provisions of the said Act. Under Section 5 of the said Act the Board of Trustees is a body corporate having perpetual succession and a common seal with power, subject to the provisions of the Act, to acquire, hold or dispose of property and may sue or be sued in the name of the Board. An industrial dispute was raised by the Paradip Shramik Congress representing the workmen with regard to the termination of the services of one Nityananda Behera, a temporary teacher in the Paradip Port Trust High School. The dispute was referred to the Industrial Tribunal (Central) Bhubaneswar, Orissa, under Sec. 10 (1) (d) of the Industrial Disputes Act, 1974 (briefly the Act).

(2.) The respondents (hereinafter to be referred to as the Union) appeared before the Tribunal through the Adviser and General Secretary of Paradip Shramik Congress. The appellant sought to be represented before the Tribunal through Shri T. Misra, Advocate, who was a "Legal Consultant" of the Trust. The appellant filed their authority in Form F under Rule 36 of the Orissa Industrial Dispute Rules in his favour. The appellant subsequently filed also a Power of Attorney executed by the Chairman of the Board of Trustees in favour of Shri T. Misra who was admittedly a practising Advocate of the Orissa High Court.

(3.) An objection was taken by the Union to the representation of the Paradip Port Trust (hereinafter to be described as the employer) by Shri T. Misra, Advocate, and the Union refused to give their consent to his representation as required under Section 36 (4) of the Act.